Section 4 BNSS: Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws (Formerly Section 4 CrPC)

Section 4 of Bharatiya Nagarik Suraksha Sanhita, 2023: Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

Legal Commentary & Landmark Judgments: Section 4

Section 4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the trial of offences under the Bharatiya Nyaya Sanhita, 2023 and other special or local penal enactments.

Sub-Section (1): Bharatiya: Sub-section (1) provides that all offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with strictly in accordance with the provisions of the BNSS.
Inquiry & Trial Mechanism: Sub-section (2) governs offences created under any other law (such as the NDPS Act, PMLA, POCSO Act, or Prevention of Corruption Act), mandating that they shall also be dealt with under the BNSS, but expressly subject to any special enactment regulating the manner or place of investigation, inquiry, trial, or arrest.

This statutory scheme embodies the established doctrine of lex specialis derogat legi generali.

Key Landmark Precedents:

Gangula Ashok v. State of A.P. (2000) 2 SCC 504: The Supreme Court held that special statutes override general procedural provisions only where express procedural mechanisms are provided; where the special law is silent, the general procedural code applies ex proprio vigore.
Directorate of Enforcement v. Deepak Mahajan (1994) 3 SCC 440: Ruled that the powers of arrest, remand, and investigation under the Code apply to special economic statutes unless expressly excluded by statutory words of necessary implication.

Legal Commentary:

Section 4 acts as the structural bridge connecting general criminal procedure with India's specialized penal statutes. Advocates handling white-collar crime or special statutory prosecutions must examine whether the special enactment contains non-obstante clauses modifying standard BNSS rules regarding bail, search, or cognizance.